Professional Documents
Culture Documents
Ministry of Labour
Ministry of Labour
Private Bag 344
Capital City
LILONGWE 3
FOREWORD
The AIDS pandemic is now a major global crisis and it constitutes a serious
public health problem which has far reaching consequences on social economic,
employment and human rights.
Beyond the suffering it imposes on individuals and their families, the pandemic is
profoundly affecting the social fabric of societies. HIV and AIDS is a major threat
to the world of work. It knows no social, gender, age or racial boundaries. It is
affecting the most productive segment of labour force and is imposing huge
costs on enterprises in all sectors through declining productivity, increasing
labour costs and loss of skills, experience, employee benefits, occupational
safety and health and workplace morale. The pandemic and its impact strike
hardest at vulnerable groups particularly women and children. The workplace is
well positioned to contribute to response as it offers an entry point to reach
young and adult populations.
This is why the government of Malawi is committed to making a strong statement
through a policy on HIV and AIDS at the workplace. The policy will be
instrumental in helping to prevent the spread of the pandemic, mitigate its impact
on workers and their families and provide social protection to help cope with the
disease. The policy covers key principles, such as the recognition of HIV and
AIDS as a workplace issue, non discrimination in employment, gender equality,
screening and confidentiality, social dialogue, prevention and care and support,
as the basis for addressing the pandemic in the workplace.
This policy guides and promotes sustainable workplace interventions by the
government, employers, employees, organizations, others in their efforts to
combating all forms stigma and discrimination in the workplace and will effectively
contribute to the objectives of the Malawi Decent Work Country Programme and
the Malawi Growth and Development Strategy (MGDS), particularly. The public
health, sanitation and HIV/AIDS management. At the international level, the
implementation of the policy interventions will significantly contribute towards the
achievement of the MDGs, the ILO Code of practice on HIV/AIDS and the world
of work and the ILO Recommendation concerning HIV and AIDS and the World
of Work (No.200) of 2010.
The problem of HIV and AIDS in the workplace poses a big challenge. My
ministry alone cannot single handedly eliminate it. I therefore call upon all social
partners, government ministries and institutions, civil society and all donor
communities to join us to face this challenge.
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National HIV & AIDS Workplace Policy
PREFACE
HIV and AIDS have a serious impact on society and economies, on the world of
work in both the formal and informal sectors, on workers, their families and
dependants, on the employers and workers organizations and public and private
enterprises and undermine the attainment of decent work and sustainable
development. Workers have the right to work in an environment that protects
them from stigma, discrimination, unwarranted dismissals and other workplace
related abuses as stipulated in ILO Conventions, ILO Code of Practice on HIV
and AIDS and the World of Work of 2001 and the ILO Recommendation
concerning HIV and AIDS and the World of Work (No.200) of 2010, the
Constitution of the Republic of Malawi and other national laws and policies.
These instruments call for protection of workers and aim to achieve social justice
and combat discrimination and stigimatisation with regard to HIV and AIDS in all
aspects of work.
The Ministry of Labour will take the leading role in implementing the policy. The
institutional partners including Government Ministries and Departments, NGOs,
Workers Organization, Employers Organizations and the workplace at large will
compliment this. The Government of Malawi will endeavor increase budgetary
allocations in HIV and AIDS workplace interventions, while mobilizing resources
from development partners to supplement government funding. The adequate
financing of HIV and AIDS workplace interventions and effective implementation
of these interventions will contribute significantly towards the achievement of the
MGDS and the Malawi Decent Work Country Programme.
The policy is a product of consultations and collaboration amongst government,
employers, workers and other relevant stakeholders in the world of work. It
provides invaluable practical guidance to policy-makers, employers and workers
organizations and other social partners for formulating and implementing
appropriate workplace policy, prevention and care programmes.
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National HIV & AIDS Workplace Policy
ACKNOWLEDGEMENTS
The Government of Malawi wishes to express sincere gratitude to all the people
and organizations that have contributed to the development of this National HIV
and AIDS Workplace Policy.
Special thanks and appreciation go to the Special Task Force on the drafting of
the policy, the social partners and key stakeholders on the drafting of the Policy
for their hard work and dedication.
The Government also acknowledges the financial and technical support from the
National AIDS Commission (NAC), ILO/USDOL HIV/AIDS Workplace Education
Programme, whose support made the development of this policy possible.
Gratitude also go to each and everyone that contributed to the successful
production and adoption of this policy.
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National HIV & AIDS Workplace Policy
ARV
Antiretroviral
FBO
HIV
HTC
ILO
MDGs
MGDS
NAC
NAF
NGO
PEP
PLWHIV
SADC
STI
WHO
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National HIV & AIDS Workplace Policy
DEFINITIONS
Affected Employee means an employee whose life is changed by HIV or
AIDS owing to the broader impact of the epidemic. AIDS means the Acquired
Immune Deficiency Syndrome, a state of immune system depletion of the defence
of the body from a cluster of medical conditions
Competent Authority means an authority competent to exercise any power
or to discharge any duty or function under this policy
Employee means a person employed for wages under a contract of service.
Employer means the owner of an industry or the person with whom employee
has entered into a contract of service.
Employees Organisation means any combination of persons, the principal
purposes of which are the representation and promotion of employees interests
and the regulation of relations between employees and employers, and includes
federation of trade unions but not an organisation or association that is dominated
by an employer or employers organisation.
Employers Organisation means any combination established by employers,
the principal purposes of which are the representation and promotion of
employers interests and the regulation of relations between employers and
employees.
Epidemiological means related to disease patterns, causes, spread and
mechanisms of control in society.
Discrimination means any distinction, exclusion or preference which has the
effect of nullifying or impairing equality of opportunity or treatment in employment
or occupation.
Informed Consent means a process of obtaining consent from a patient that
ensures that every person fully understands the nature and implications of the
test before giving his or her agreement to it.
Family means a group comprising a husband, wife and their biological children
including dependent children.
HIV means the Human Immuno-Deficiency Virus, a virus that weakens the
bodys immune system thereby causing AIDS
HIV Positive means having tested positive for HIV infection.
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National HIV & AIDS Workplace Policy
HIV Testing means taking a medical test to determine a persons HIV status.
Persons living with HIV employee means an employee who has tested
positive for HIV or who has developed AIDS.
Post Exposure Prophylaxis means taking certain steps in particular
providing antiretroviral medication, as soon as possible after exposure to HIV in
order to prevent infection.
Pre- and Post-Test Counseling means a process of counseling which
facilitates an understanding of the nature and purpose of the HIV test. It
examines what advantages and disadvantages the test holds for the person and
the influence of the result, positive or negative. It implies that the individual
understands what the test is, why it is necessary, the benefits, risks, alternatives
and any possible social implications of the outcome.
Prophylaxis means any medical or public health procedure whose purpose is
to prevent rather than treat or cure.
Reasonable Accommodation means any modification or adjustment to a
job or to the workplace that is reasonably practicable and will enable a person
living with HIV or AIDS to have access to or participate or advance in
employment.
Screening means measures whether direct (HIV testing), indirect (assessment
of risk-taking behaviour), or asking questions about tests already taken or about
medication.
Stigma means the social mark that, when associated with a person , usually
causes marginalization or presents an obstacle to the full enjoyment of social life
by the person infected or affected by HIV.
Social Partners means the Government, employers and their Organizations
and employees and their organizations.
Surveillance Testing means anonymous and unlinked testing which is done
in order to determine the incidence and prevalence of disease within a particular
community or group to provide information to control prevent and manage the
disease.
Universal precautions means minimum standards of infection control used
in the handling of blood and other bodily fluids to reduce the risk of transmission
of blood borne infections.
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
1.
INTRODUCTION
1.1 Background
Since the discovery of the HIV case in Malawi in 1985, HIV and AIDS has had a
very profound and negative impact on the Malawi economy as the national
development agenda including delivery of services by the workforce. In the
Country Development Report (UNDP 2001), it has been noted that the major
challenges Malawi faces in its development agenda are HIV and AIDS, poverty
and governance.
The National prevalence rate amongst people aged 15 and 49 stands at 12.0%
as per the NAC (2008) estimate. This is the bracket where most employees are.
In addition, the 2004 MDHS shows that the HIV prevalence rate is higher among
working women (15%) and men (13%) than among their counterparts who are
not working (12% for women and 6% for men).
Just like in all sub-Sahara countries, employees in Malawi are a critical part of the
social and economic engineering of the society. They play a central role in
governance and facilitating economic and social development. The efficiency and
effectiveness of both the public and private sector in providing necessary
infrastructure and services is critical for economic growth and productivity of the
Malawi Nation. HIV and AIDS has a potential to undermine the services delivery
by the workforce to facilitate social and economic development, provide
governance and create an enabling environment for all in the development
process.
1.2 Rationale
HIV and AIDS are a serious public health problem that has socio-economic,
employment and human rights implications.
In the workplace, unfair
discrimination against people living with HIV and AIDS has been perpetuated
through practices such as pre-employment HIV testing, dismissals for being HIV
positive and denial of employee benefits and employment opportunities such as
training, etc.
The AIDS pandemic affects every workplace with prolonged staff illness,
absenteeism and death impacting on productivity, employee benefits,
occupational safety and health, costs and workplace morale.
One of the most effective ways of reducing and managing the impact of HIV and
AIDS in the workplace is through the establishment and implementation of HIV
and AIDS Policy and Programme. The policy will enable employers, employees,
Trade Unions and Government to actively contribute towards national efforts to
prevent and manage HIV pandemic.
This will also ensure that theres
coordination in the response to HIV and AIDS in society and consistency in the
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National HIV & AIDS Workplace Policy
These were analyzed to ensure that the Policy is not in conflict with the said
legislations.
Sectoral policies were also considered to see how they link with this workplace
policy. These are policies such as the National Gender Policy and others.
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
work places and at such times as employers shall appoint education and
information for behavior change relating to:
(i) the promotion of safer sex and risk reduction measures in relation to STIs
including HIV;
(ii) the transmission of STIs including HIV
(iii) prevention of transmission of HIV from mother to child (PMTCT),
(iv) the prevention of the spread of HIV and STIs;
(v) Counseling facilities for persons living with HIV and affected employees
within and outside the work places;
(vi) the risk factors such as occupational mobility, that make certain categories of
employees more susceptible to HIV infection;
(vii)the need to be non-discriminatory towards employees living with or perceived
to be living with HIV;
(viii) promotion of personal hygiene and proper nutrition for all employees:
Such education and prevention measures shall as far as practicable be
conducted at the work place during working hours
The above services and programmes will be a continuing process and will be, as
far as possible, extended to their families and dependants shall collaborate with
the surrounding Communities
The strategies used shall be non-stigmatizing and gender sensitive with special
emphasis on the vulnerability of women to HIV and prevention strategies that can
lessen their vulnerability
Ensure that women receive information and education about their babies and
their increased risk or vulnerability to HIV infection.
Ensure that education for men includes awareness raising, risk assessment and
strategies to promote their responsibilities regarding HIV and AIDS prevention,
treatment, care and support.
Employers shall also provide counseling and education on abstinence for the
unmarried; faithfulness and respect for the sanctity of marriage for the married
(b) Specialized training for specific groups of employees
The employer will ensure that internal training for trainers and peer educators;
and supervision is undertaken as this will minimize expenses and ensure that
employers have readily available resource persons
Special training should also be provided for peer educators, labour inspectors
and those employees who come into contact with blood and other body fluids to
equip them appropriately in their duties.
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
3.2.4Objective
(i) To develop sustainable, appropriate and effective HIV and AIDS treatment,
care and support programmes in the workplace
(ii) To promote sustainable, appropriate and effective HIV and AIDS treatment,
care and support programmes in the workplace.
3.2.5Strategies
(a) Post Exposure Prophylaxis (PEP), Anti-Retroviral Therapy (ART),
Prevention of Mother to Child Transmission (PMTCT), Community
Home Based Care (CHBC) and nutritional support.
The employer shall also provide training and education on the steps that must be
taken after an occupational exposure to HIV including access to PEP.
The employer is committed to ensuring that employees have access to the
following care, treatment and support programmes:
(i) Prevention and treatment of HIV-related illnesses
(ii) Anti-Retroviral Therapy
(iii) Post Exposure Prophylaxis
(iv) Community Home Based Care services,
(v) Prevention of Mother to Child Transmission
(vi) Treatment of Sexually Transmitted Infections
(vii)Nutritional support
(viii) Provider-initiated HIV testing and counseling
Where an employee has been exposed to HIV as a result of on-the-job accident
the employer shall be obliged to provide PEP to that employee free of charge.
Every employer shall ensure that employees have access to care, treatment and
support services.
(b) Reasonable accommodation
Employers shall take steps to adapt the workplace to accommodate employees
with illnesses by applying measures such as the re-arrangement of working time,
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
(i) The employer shall encourage all employees to be open about their HIV
status. This could be achieved through prevention and education programmes.
(ii) Any disclosure by an employee on his or her HIV status shall be treated
confidentially by the employer and shall not be disclosed to fellow employees by
the employer.
(iii) Every employee has the right to confidentiality about their HIV status.
(iv) An employees HIV status should not be required in any routine medical or
personnel report and such information (where available) shall be kept on medical
files kept only by a designated official.
(v) Breach of any of the foregoing provisions on confidentiality should be treated
as a disciplinary action against the employee alleged to have made such breach.
Employers should have procedures that can be used by workers and their
representatives for work-related grievances. These procedures should specify
under what circumstances disciplinary proceedings can be commenced against
any employee who discriminates on the grounds of real or perceived HIV status
or who violates the workplace policy on HIV and AIDS.
(vi) No employee should stigmatize or victimize any fellow employee or employer
on grounds of HIV and AIDS.
(vii)Employees may not be required to divulge information about the HIV/AIDS
status of their fellow employee, and that access to personal data relating to a
employees HIV status should be bound by rules of confidentiality.
(b) HIV Status shall not affect Job Status or Employment Benefits.
(i) An employees HIV status shall not be a factor in deciding whether or not to
promote that employee.
(ii) No employee shall be transferred based on his or her HIV status except in
relation to reasonable accommodation.
(c) Gender and Sexual Harassment.
(i) Employers shall ensure that they give equal opportunities to all in access to
employment in the workplace without regard to sex or other status.
(ii) Employers shall not condone any form of sexual violence or harassment in
their workplaces.
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National HIV & AIDS Workplace Policy
(iii) Employers shall ensure that gender sensitive grievance procedures are put in
place to enable women who are sexually abused or harassed to lodge their
complaints without hindrance or other impediments.
(iv) Employers shall ensure that womens legal rights are protected
(d) Termination of Employment.
(i) Employers shall not terminate any employees employment solely based on
perceived or real HIV status.
(ii) Where an employee with AIDS related condition is too ill to continue to work
and where reasonable accommodation have been exhausted, termination of
employment may be considered in accordance with the provisions of the law and
with full benefits.
3.5.3
Objective
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National HIV & AIDS Workplace Policy
(i) The employer may make available to employees loans and other facilities to
enable them better prepare for their early retirement.
(ii) The employer may endeavour to provide employees a fair remuneration to
enable them access and afford suitable nutrition.
(b) Wills and Death Benefits
(i) Employees should be encouraged to write Wills to protect death or
occupational benefits.
(ii) Employers should provide technical back up to facilitate such writing of Wills.
(c) Medical Scheme for Employees
Employers should encourage employees to join medical schemes.
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National HIV & AIDS Workplace Policy
(a) Maintain both paper and electronic data base system on human resource,
labour costs and related facilities in the fight against HIV and AIDS.
(b) Workplace inspections on database by the ministry responsible for Labour
issues.
(c) Standardization and updating of source documents for maintaining records on
human resource, labour costs and related facilities in the fight against HIV and
AIDS.
(d) Execute regular research on labour market issues and HIV and AIDS at the
workplace.
(e) Mobilise resources for database management systems at the workplace.
(f) Provide for a strategic institution for database management.
4.0
Implementation Arrangements.
Most policies and strategies have failed to make an impact because of lack of
sustainable and effective implementation arrangements. In order to ensure the
success of this policy it is essential to put in place implementation mechanisms
with clear demarcation of roles of various stakeholders.
Ministry responsible for labour issues shall be the overall coordinator and
manager of this policy.
4.1 General Roles and Responsibilities
(a) The Ministry responsible for Labour and Competent Authorities
(i)
(ii)
The ministry responsible for labour shall ensure that the composition of
HIV/AIDS Committees includes representatives of employers,
employees and of Ministries responsible for labour and social
matters.
(iii)
(iv) The ministry responsible for labour shall facilitate and co-ordinate all
workplace interventions and provide an enabling environment at
National level. Coordination shall build on measures and support
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National HIV & AIDS Workplace Policy
(vi) The ministry responsible for labour shall ensure that benefits under
National laws and regulations apply to employees with HIV and AIDS
no less favourable than to employees with other serious illnesses.
(vii) In designing and implementing social security programmes, The
Ministry responsible for labour shall take into account the
progressive and intermittent nature of the disease and tailor schemes
accordingly.
(viii) To achieve coherence with national AIDS plans, to mobilize the social
partners, and to facilitate planning to mitigate its socioeconomic
impact, the competent authorities shall carry out and publish the
findings of ethical and other research on HIV and AIDS and the
workplace, including gender-sensitive analysis, using where
appropriate, research from employers and their organizations and
employees organizations.
Data collection shall to the extent
possible, be sector-specific, and disaggregated by sex, age,
employment, and occupational status among other key variables.
(ix)
The Ministry responsible for labour shall estimate the cost implications
of HIV and AIDS, and develop and implement proposals to finance
the consequences for social security systems and employee benefit
schemes.
(x)
(xi)
(xii) In extending HIV and AIDS prevention to the informal sector, The
Ministry responsible for labour in collaboration with informal sector
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
(xxii) The Ministry responsible for labour shall take measures to identify
groups of workers who are vulnerable to infection, and adopt
strategies to overcome the factors that make these workers
susceptible.
The Ministry responsible for labour should also
endeavour to ensure that appropriate prevention programmes are in
place for these workers.
(b) Employers and their Organisations.
(i)
(ii)
(iii)
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National HIV & AIDS Workplace Policy
(ii)
(iii)
(vi) Employees and their organizations shall support and encourage the
employers in creating and implementing personnel policy or
practices that treat employees with HIV and AIDS no differently from
other employees.
(vii) Employees and their organizations shall develop and carry out training
courses for their representatives on workplace issues raised by the
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National HIV & AIDS Workplace Policy
(x)
(xi)
The employees and their organizations shall carry out the above
functions and responsibilities and activities in line with the National
HIV and AIDS Framework 2005 2009 (June, 2005) and other
related documents and policy guidelines.
(xii) Trade Unions shall include the Policy in their education and training
programmes of shop stewards and employees.
(xiii) Trade Unions with the assistance of Government and Employers shall
ensure that the policy is available and accessible to employees in at
least the major vernacular languages in Malawi provided that in case
of conflict between the different versions the English version shall
rule.
(xiv) The employees shall take responsibility for their own health and that of
their immediate families; they shall participate actively in the HIV and
AIDS programmes and take the lessons learnt to their homes and
communities.
(d) The National AIDS Commission
(i)
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National HIV & AIDS Workplace Policy
(ii)
(iii)
(iv) Mobilise financial resource and channel funds for the implementation
of the programme activities under the National HIV and AIDS
Workplace Policy
(v)
To ensure that this policy is consistent with the National HIV and AIDS
Policy;
(vi) Co-ordinate and link the monitoring and evaluation systems of the
workplace policy as a component of the national monitoring and
evaluation system for the National HIV and AIDS Policy.
(vii) To be a resource centre for advice and technical support for all
stakeholders in policy and programme activities.
4.2 Budget and Funding
The government and employers shall allocate adequate resources towards the
implementation of the National HIV and AIDS Workplace Policy.
The National AIDS Commission shall also mobilise additional funds and technical
assistance from international co-operating partners in consultation with the
Ministry responsible for labour and other stakeholders.
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National HIV & AIDS Workplace Policy
5.0
5.1
Objective
To ensure that the policy objectives are achieved and adjustments are made to
take care of identified shortfalls.
5.2 Policy statement on Monitoring and Evaluation.
The Ministry responsible for labour in collaboration with employers, employees
and the National AIDS Commission shall conduct regular appraisals to analyse
the impact of the pandemic on the future of the labour force, its structures,
operations and functions and monitor the effectiveness of the policy and
programmes in achieving the goal.
5.3 Planning
HIV and AIDS have negative impact on human resource in the workplace.
Government and employers should ensure they have in place adequate
mechanisms, training plans and recruitment programmes that ensure that there
will be adequate and qualified personnel at all times in the workplace.
5.4 Review of Policy
This policy shall be reviewed to ensure that it remains relevant and responsive to
the needs of the Malawi nation. This review will take into account the progress
and the impact of the pandemic current developments in scientific and other
technological advancements. The policy shall be reviewed at least once in every
three years or at any time before the three-year cycle as need arises.
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National HIV & AIDS Workplace Policy
Specific goal
Specific objective
Strategy(ies)
Ensured
that
all
employees have access
to
HIV
testing
and
counseling services so
that they know their HIV
Status
Ensured
sustainable,
appropriate
and
effective HIV and AIDS
prevention and control
programmes are in place
in all workplaces.
Sustainable, appropriate
and effective HIV and
AIDS treatment, care
and
support
programmes are in place
in all work places.
Responsibility
for
implementation
Employers
shall
encourage HTC
Surveillance HIV Testing
to be carried out.
No
Mandatory
HIV
testing for employment
purposes
No deliberate HIV testing
for training
Employers,
MOL,
Unions,
NAC, Ministry of
Health, Centre
for
Social
Research
(UNIMA)
Information
and
Education for Behaviour
Change
Specialized training for
specific
groups
of
employees
Condom availability
Protective clothing and
universal precautions
Employers,
MOL, Unions
Post
Exposure
Prophylaxis (PEP), AntiRetroviral
Treatment,
Prevention of Mother to
Child
Transmission
(PMTCT),
Community
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National HIV & AIDS Workplace Policy
Time
frame
Performance
indicator
Biennial
Quarterly
promotion
reports
Biennial
%age
on
response
VCT
promotion
Home
Based
Care
(HBC),
Nutritional
support, etc
Reasonable
accommodation
Confidentiality
and
Voluntary disclosure of
HIV status
HIV Status shall not
affect Job Status or
Employment Benefits
Gender
and
Sexual
Harassment
Termination
of
Employment
To promote appropriate
and effective ways of
managing the impact of
HIV AND AIDS epidemic in
the work places and on
the employees
Employees
Welfare
Programme
Wills and Death Benefits
Medical Scheme for
Employees
A
flexible
workplace
database management
system that guides the
fight against HIV and
AIDS in the workplace.
To
establish
comprehensive
workplace
database
management systems on
human resources, labour
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National HIV & AIDS Workplace Policy
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National HIV & AIDS Workplace Policy
Indicator
Source
data
%age
response on
VCT
promotion
To develop and
promote sustainable,
appropriate and
effective HIV and
AIDS prevention and
control programmes
in the workplaces
and create a safe
and conducive
working environment
for employees at the
workplace.
To
develop
and
promote sustainable,
appropriate
and
of
Baseline
data/cur
rent
situation
Key milestones
Responsibility
implementation
for
Biennial
HIV
and
AIDS
workplace
study
Annual
VCT
week execution
Employers,
Ministry of
Centre
Research,
Malawi
MOL, Unions,
Health, NAC,
for
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National HIV & AIDS Workplace Policy
Time frame
Regular
Biennial
of
the
program
To
promote
and
protect the rights of
all employees and
ensure
that
enjoyment
of
employee
benefits
and
dismissal
or
redundancy are not
based on the HIV
Status or gender of
an employee at the
workplace.
%age
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Antidiscriminatio
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To
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National HIV & AIDS Workplace Policy
of
systems on human
resources,
labour
attrition, labour costs
and related facilities
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HIV and AIDS at the
workplace
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National Workplace
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National HIV & AIDS Workplace Policy